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COMMON COUNCIL Minutes 07-22-1997 COMMON COUNCIL - CITY OF MUSKEGO (Approved - 8/12/97) MINUTES OF MEETING HELD JULY 22, 1997 The meeting was called to order at 7:33 P.M. by Mayor De Angelis. Also present were Aldermen D’Acquisto, Patterson, Pionek, Salentine, Slocomb and Woodard, Clerk- Treasurer Marenda and Plan Director Sadowski. Ald. Sanders was absent. Marenda noted the meeting was noticed in accordance with the Open Meeting Law on 7/18/97. D’Acquisto moved for approval of minutes of 7/8/97, 7/16/97 and 7/27/97. Pionek seconded, carried. Marenda read the Notice of Closed Sessions. Ord.#938 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA to EA/OIP - Public Boat Ramp). Second Reading. Salentine moved for adoption. Slocomb seconded, carried 6-0. th Mayor read Proclamation on National Night Out Against Crime for August 5. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor updated the Council on the Linnie Lac situation and possible reimbursement from FEMA for damages. The $250,000 included in the state budget proposal is still in at this time. The City’s offer to purchase a parcel adjacent to the Aurora clinic on Janesville Rd. for construction of a public library and community center has been accepted. Hope for start of construction in spring. Meeting will be scheduled with Council, Library Board and building committee, architect and civic associations as soon as possible. COMMITTEE REPORTS D’Acquisto moved for acceptance of 7/16/97 and 7/22/97 Finance Committee minutes. Salentine seconded, carried. Patterson moved for acceptance of 7/7/97 Public Services Committee minutes. Slocomb seconded, carried. D’Acquisto moved for acceptance of 6/23/97, 7/20/97 and 7/22/97 Public Works Committee minutes. Pionek seconded, carried. Minutes of 6/25/97 Library Board meeting and 7/15/97 Plan Commission meeting were received and placed on file. Council determined not necessary to convene into Closed Session as noticed regarding the library. Common Council Minutes Page 2 July 22, 1997 Reso. #135-97 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Pasadena Drive), deferred from 6/10/97. Motion to adopt carried 6-0. Reso. #151-97 - Approval of Articles of Agreement between the City of Muskego and Arthur E. Liddicoat, SRPA, CAE for Superior Emerald Park Landfill Appraisal 1998 Assessment Year, deferred from 6/24/97. Slocomb moved to defer pending receipt of information from SEPI. D’Acquisto seconded, carried. Ord. #921 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RS-2/OD-Miller), deferred from 2/25/97. D’Acquisto moved to defer. Pionek seconded, carried. Ord. #936 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego to Create Section 8.145 (B-P Business Park District), deferred from 7/8/97. Sadowski presented additional changes made as a result of comments at last Council meeting. Plan Commission would still like 70% brick. Chamber of Commerce concerned about 100’ setback. Additional feedback provided to Sadowski to revise draft as to medical waste disposal, accessory structures, signage, noise criteria, minimum setbacks, floor area ratio formula, lighting and height of accessory structures. D’Acquisto moved to defer. Slocomb seconded, carried. Ord. #937 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RS-2/OPD - Deer Creek Addition No. 1, deferred from 7/8/97. Motion to adopt carried 6-0. Reso. #179-97 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit - Deer Creek Addition No. 1. D’Acquisto moved for adoption with amendment to Letter of Credit to delete “or 90 days” under Special Conditions. Slocomb seconded, carried 6- 0. Ord. #939 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-1 and RS-2 to RS-1/OPD and RS-2/OPD - Park Estates). Second Reading. D’Acquisto moved to defer. Woodard seconded, carried. City Charter Ord. #16 - A Charter Ordinance Providing for the Appointment of the Assessor for the City of Muskego. Second reading. D’Acquisto moved for adoption. Pionek seconded. Patterson wished positions (also Clerk-Treasurer) to remain elected. Also hesitant about indefinite term. Patterson moved to amend Section 3 to be for a specific term with reappointment by Mayor subject to review by Common Council. Woodard seconded. Mayor questioned the amendment, expressing some concern about the politicizing of that process and questioned why these department heads would be treated differently than other department heads. D’Acquisto said the intent is to provide for continuity in position which involves less political/policy making Common Council Minutes Page 3 July 22, 1997 with duties defined in state statutes and are administrative in nature. We have the ability to deal with them if needed for non-performance. Officers can be dismissed for cause under 17.12 Wis.Statutes. Motion to amend defeated 5-1, with Patterson casting only “yes” vote. Motion to adopt carried 5-1, with Patterson voting “no”. City Charter Ord. #17 - A charter Ordinance Providing for the Appointment of the Clerk- Treasurer for the City of Muskego. Second reading. D’Acquisto moved for adoption. Salentine seconded, carried 5-1 with Patterson voting “no”. Reso. #163-97 - Approval of Certified Survey Map - Kumm, Town of Norway. Salentine moved for adoption. Slocomb seconded, carried 6-0. Reso. #164-97 - Approval of Certified Survey Map - Kumm, Town of Norway. Salentine moved for adoption. Slocomb seconded, carried 6-0. Reso. #165-97 - Approval of Certified Survey Map - Johnson. Salentine moved for adoption. Slocomb seconded, carried 6-0. Reso. #166-97 - Approval of Certified Survey Map - Knutilla. Salentine moved for adoption. D’Acquisto seconded, carried 6-0. Reso. #167-97 - Approval of Certified Survey Map - Washa. Salentine moved for adoption. Slocomb seconded, carried 6-0. Reso. #168-97 - Approval of Certified Surey Map - Aiuppa. Salentine moved for adoption. Slocomb seconded, carried 6-0. Reso. #169-97 - Approval of Certified Survey Map - Siegmund/Squires. Salentine moved for adoption. Slocomb seconded, carried 6-0. Res. #170-97 - Determination of Nonsubstantial change to the OPD of Champions Village of Country Club Villages. Salentine moved for adoption. Pionek seconded, carried 6-0. Reso. #171-97 - Determination of Nonsubstantial change to the OPD of Champions Village Addition No. 1 of Country Club Villages. Salentine moved for adoption. Slocomb seconded, carried 6-0. Mr. Sadowski was excused at 9:03 PM. Reso. #172-97 - Award of Bid - Industrial Park Water Tower Repaint. Woodard moved for adoption. Slocomb seconded, carried 6-0. Common Council Minutes Page 4 July 22, 1997 Reso. #173-97 - Award of Bid - Well #7 Pumpstation Construction. Slocomb moved for adoption. Woodard seconded. Concerns were expressed about high cost. Motion carried 6-0. Reso. #174-97 - Award of Bid - Mercury Drive Fueling Station. D’Acquisto moved for adoption. Woodard seconded. D’Acquisto moved to amend to reject all bids by changing title to “Rejection of Bids”; amend second paragraph to delete “and the Public Works Committee”; add new paragraph. “Whereas, the Public Works Committee has recommended the rejection of all bids based upon cost”; amend third paragraph to change “accept” to “reject” and add “based upon cost”; and to delete last paragraph. Woodard seconded, carried. Reso. #174-97 As Amended adopted 6-0. Reso. #175-97 - Approval of Assessor’s Plat - Holz’s Assessors Plat. Slocomb moved for adoption. Salentine seconded, carried 6-0. Reso. #176-97 - Authorizing the Issuance of a Summons as to Complaint Regarding the Liquor License of B. J. Macks, Inc. Patterson moved for adoption. Salentine seconded, carried 6-0. Reso. #177-97 -Amendment to 1997 Budget. D’Acquisto moved for adoption. Salentine seconded, carried 6-0. Reso. #178-97 - Approval of Certified Survey Map, Subdivider’s Agreement and Letter of Credit - Miller. Salentine moved for adoption. Slocomb seconded. Salentine moved to defer. Slocomb seconded, carried. Reso. #180-97 - Resolution as to City-wide Opinion Survey. Slocomb moved for adoption. Pionek seconded. After discussion, Slocomb moved to delete reference to the specific issues, with questions to be developed and approved by the Council on th September 8 for inclusion as an insert in the fall CITY NEWS. Pionek seconded, carried. Reso. #180-97 As amended adopted 5-1 with Patterson voting “no”. Reso. #181-97 - Appointment of Citizen Member to Library Board (Barbara Yahr). Salentine moved for adoption. Woodard seconded, carried 6-0. Ord. #940 - An Ordinance to Amend Chapter 11, Sections 11.04(a)(a) and (1)(c) of the Municipal code of the City of Muskego (Garbage and Refuse). First reading. Ord. #941 - An Ordinance to Amend Chapter 20, Section 20.12 of the Municipal Code of the City of Muskego (Public Waters - Penalties). First reading. Ord. #942 - An Ordinance to Amend Chapter 3, Section 3.05(5) of the Municipal Code of the City of Muskego (Capital Budget Committee). First reading. Common Council Minutes Page 5 July 22, 1997 LICENSES D’Acquisto moved for approval of Operators’ Licenses for Nicole Balistreri, Scott Christman, Marie Davis, Kristina Adelmeyer, Lisa Radmann, Sueann Witt, Evamarie Skrobis, Jodea Sullivan and Janet Hubbard, and temporary license for Robert Bankenbusch. Salentine seconded, carried. D’Acquisto moved for approval of Class “B”/”Class B” Retailer’s License for Muskego Corvette Club for 8/23/97. Salentine seconded, carried 6-0. D’Acquisto moved for approval of Special Dance Permit for Donna M. Morris (Changes Pub & Grill) for 8/1/97. Salentine seconded, carried. VOUCHERS D’Acquisto moved for approval of General Vouchers in amount of $358,688.65. Salentine seconded, carried 6-0. Woodard moved for approval of Utility Vouchers in amount of $314,585.85. Slocomb seconded, carried 6-0. CITY OFFICIALS’ REPORTS Clerk-Treasurer reported petitions received and public hearings set for the following: Frederick Graves rezoning from RS-1 to RS-1/OPD in Section 7 with hearing on 8/12/97 at 7:20 PM; and, Plan Commission to amend Zoning Ordinance regarding Hobby Kennels with hearing on 8/12/97 at 7:25 PM. Clerk-Treasurer reported revocation/suspension hearing for liquor license of B.J.Mack’s (New Klub 24) would be held by the Council on 7/29/97 at 7:00 PM. Council determined unnecessary to convene into closed session #2 on agenda. D’Acquisto moved to adjourn at 9:43 PM. Slocomb seconded, carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer jm